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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On February 26, 2016, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving).
[Criminal facts]
1. On March 31, 2016, the Defendant: (a) on March 31, 2016, operated a B-type car under the influence of alcohol content of 0.068% while under the influence of alcohol without obtaining a driver’s license in the section of approximately 2 km from the Korean Forest Agricultural Cooperatives, the Han River Eup, the Han-gu, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the
2. On April 3, 2016, the Defendant: (a) on April 3, 2016, on the violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (divated driving) on the road; (b) on April 3, 2016, on April 3, 2016, the Defendant driven a B-type car under the influence of alcohol of about 0.152% of alcohol content during blood while under the influence of alcohol without obtaining a driver’s license from the Defendant’s residence in the Jeju-si, the Han-si, the Han-si, the Han-si, the city located in the Jeju-si.
Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol (as of March 31, 2016), a statement of the circumstances of the driver under the influence of alcohol, a report on the circumstances of driving without a license, a report on the circumstances of driving under the influence of alcohol, and the register of driver's licenses, in the case of a vehicle;
1. Inquiry into the results of regulating the driving of alcohol (as of April 3, 2016), a statement of the circumstances of the driver under the influence of alcohol, a report on the circumstances of the driver under the influence of alcohol, a report on the circumstances of the driver under the influence of alcohol, and the register of driver's licenses;
1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);
1. Relevant legal provisions pertaining to criminal facts: Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking at least three times). Each road traffic Act subparagraph 1, Article 152 of the Road Traffic Act.